The Federal Trade Commission is considering new regulations to restrict companies’ use of noncompete clauses. Last year, President Joe Biden asked the FTC to consider limiting these clauses. Recently, the FTC has been issuing subpoenas to businesses they believe are ...
Read More »Use of racial epithets moves claims case forward
The repeated use of a racial epithet by the 6-year-old grandson of the owners of an assisted living facility was sufficient to support a former employee’s hostile work environment claim, a unanimous panel of a federal appeals court has ruled. ...
Read More »How social media has changed the legal playing field
It’s becoming a common story. The rise of social media has created a dramatic expansion of the playing field for both the collection of evidence and its presentation to jurors as well as new issues for judges to grapple with ...
Read More »Flouting of e-discovery orders leads to rare sanction of default
A misappropriation-of-trade-secrets case that generated more meritorious motions to compel and sanctions for failure to produce documents than any in his 37-year career warranted the rare sanction of entering default judgments against the defendants on all the plaintiff’s claims, a ...
Read More »Prepare for withdrawal liability before selling or buying a company
Multiemployer pension plan (MEPP) withdrawal liability often costs millions of dollars, even for small employers. People weighing whether to buy or sell a construction company (or its assets) will want to be aware of any potential withdrawal liability that may ...
Read More »Protecting your company’s data: Special treatment for privileged access
When it comes to data breaches and other cybercrime, advanced attackers often abuse privileged access credentials to get to an organization’s sensitive data, infrastructure and systems. And with an increased number of companies relying on high volumes of data to ...
Read More »Take time to think about preparing employees for the unthinkable
The recent arrest of a man who allegedly planned to shoot up a festival at the Gorge Amphitheatre in Washington serves as stark a reminder to employers that a shooting can occur almost anywhere. In workplaces, active shooters are often ...
Read More »Jury to decide if work environment was hostile
A woman who claimed she was repeatedly subjected to racial slurs by the minor son of a supervisor can move forward with her hostile work environment suit. The plaintiff in Chapman v. Oakland Living Center Inc., Tonya R. Chapman, alleges ...
Read More »RIF’d employee can bring age-bias claim
The Massachusetts Appeals Court has ruled in a split decision that a terminated employee could bring a “cat’s paw” discrimination claim based on evidence that a corporate reduction in force was tainted by age bias at upper levels, even if ...
Read More »Compliance with FLMA notice requirement disputed
In a case where a company argued that an employee’s Family and Medical Leave Act claim failed because the statute required him to use the company’s “usual and customary notice and procedural requirements for requesting leave” and he used Facebook ...
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